Explained: Deportation rules, reasons, and the US story

United Nations has provided guidelines on deportation, but every country has its own deportation laws; last year, 1,368 Indians were deported from the United States

By Fazal Rahim Forbes India Staff

Published: Feb 7, 2025 02:18:42 PM IST

Updated: Feb 7, 2025 02:22:01 PM IST

Full Bio

Migrants are escorted across the Hidalgo International border Bridge as they are deported under Title 8, a law that allows for immediate deportation after crossing into the U.S. without authorization, in McAllen, Texas, U.S., January 27, 2025. Image: Reuters/Daniel Becerril

Deportation refers to the process of removal of foreign citizens from a country for violation of immigration laws. The deportation process is often carried out by the host country’s immigration authorities, and the cost of deportation is often borne by the host country.

There could be multiple reasons for a person’s deportation. The most common reason for deportation is illegal entry, that is, when a person enters a country without proper documentation. Other reasons for deportation include overstaying the visa period, violation of visa conditions, and criminal conviction.

In some cases, like criminal convictions and visa expiration, people have the right to appeal in court. In contrast, in the case of illegal entry, many countries have a fast-tracked process of deportation, and deportees have no right to appeal in court.

The United Nations has provided guidelines on deportation, which include provisions such as humane treatment of deportees, no deportation of vulnerable people, and no deportation to a country where the deportee’s life is at risk. However, every country has its own deportation laws, and the UN guidelines are sometimes not observed.

Also read: Silicon Valley's Indian dream: The fight over US's most controversial visa, the H1B

The US Story

The recent deportation of 104 Indians by the United States has once again drawn attention to its deportation policy. According to the United States Immigration and Customs Enforcement Department, about 2,71,000 people were deported in FY24, the highest since 2014. Earlier, in FY22 and FY23, 72,000 and 1,43,000 people respectively were deported by the United States.

Since the return of Donald Trump to the presidency, the mass deportation of illegal immigrants has been at the centre of political debates in the US. According to reports, there are between 11 to 13 million illegal migrants residing in the US. The deportation of such a large population is going to be a huge financial and logistical challenge.

According to the American Immigration Council, such a large population would cost the US treasury at least $315 billion. This includes expenses in arrest, detention, legal processing, and logistics such as airfare.

The deportation of Indian citizens from the US has sparked the fear of mass deportation of Indian migrants as well. In Trump’s first term as well the deportation rate of Indians was almost double that of the Obama period.

According to data presented by External Affairs Minister S Jaishankar, in the years from 2017 to 2020, about 6,135 Indians were deported from the US. This was followed by the deportation of 805, 862, and 670 in the years 2021, 2022, and 2023, respectively. Last year, a total of 1,368 Indians were deported from the United States.